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AF | BCMR | CY2006 | BC-2005-02297
Original file (BC-2005-02297.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02297

            INDEX CODE:      107.00
      XXXXXXXXXXX      COUNSEL:  NONE

      XXXXXXXXXXXX     HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 JAN 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be corrected to show he was discharged in the grade of
second lieutenant and his highest grade held was second lieutenant.

2.  He was awarded the Distinguished Flying Cross  (DFC),  the  Purple
Heart (PH) Medal and the Silver Army Loop to the  Good  Conduct  Medal
(GCM).

3.  He served in Southern France, Central Europe, and Northern  France
campaigns, while serving in the US Army Air Corps during World War  II
from 2 March 1943 to 24 October 1945.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was recommended for promotion to the  grade  of  second  lieutenant
prior to his discharge and the medals should have been listed  in  his
official military records.

In support of his request, applicant submits a personal  statement,  a
copy of a  letter  to  his  Congressman,  a  copy  of  the  Letter  of
Recommendation for a Direct Appointment, and a copy  of  his  DD  Form
214, Honorable Discharge Certificate from  the  Armed  Forces  of  the
Unites States of America.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.
 His available records reflect he enlisted in the Army Air Corps on  2
March 1943, and was released from active duty on 24 October 1945.  His
report of separation reflects award of  the  European  African  Middle
Eastern Service Medal w/2 Bronze Service Stars, the Air Medal  with  4
Oak Leaf Clusters (AM w/4  OLC)  and  the  Good  Conduct  Medal.   His
records reflect foreign service in Rhineland and Ardennes.

After a  complete  records  review,  DPPPR  verified  the  applicant’s
entitlement to the AM w/4 OLC, the GCM, EAME w/2 BSS, the ACM w/1  BSS
and the World War II Lapel Button.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAOR  recommends   denial.    DPPAOR   states   a   letter   of
recommendation is not proof that the applicant would have been given a
direct  commission  as   a   second   lieutenant.    The   letter   of
recommendation  is  dated  7 March  1945  and  he  was  discharged  on
24 October 1945, which allowed ample time to  promote  the  applicant.
The fact that he was discharged in the  grade  of  technical  sergeant
concludes that he was not given a direct commission.

The DPPAOR evaluation is attached at Exhibit C.

AFPC/DPPPR recommends denial.  DPPPR states  there  are  no  documents
enclosed in the applicant’s record that verifies  his  entitlement  to
the DFC, the PH, and the Silver Army Loop to the GCM.

The DPPPR evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
14 Dec 2005 and 16 Dec 2005, for review and comment  within  30  days.
As of this date, no response has been received by this office.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence presented and the available evidence of record,  we  are  not
persuaded that award of the DFC, PH Medal or the Silver Army  Loop  to
the GCM is warranted.  The Board notes, a review  of  the  applicant’s
available military record revealed no evidence that would substantiate
his entitlement to any of the aforementioned medals.  The  Board  also
notes the  evidence  of  record  shows  the  applicant  was  correctly
discharged in the grade of technical sergeant, which was  the  highest
grade he held.  Therefore, the Board is  not  persuaded  that  he  was
given a direct commission or that he served in  a  higher  grade.   In
regards to the applicant’s request that his records  be  corrected  to
show he served in the Southern France,  Central  Europe  and  Northern
France campaigns, no evidence was provided in support of his claim and
the available evidence of  record  could  not  substantiate  that  the
applicant served in these campaigns.  Therefore,  we  agree  with  the
opinions and recommendations of  the  Air  Force  offices  of  primary
responsibility  and  adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  In the absence of persuasive evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
02297 in Executive Session on 8 February 2006, under the provisions of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Dorothy P. Loeb, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Jul 05, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPAOR, dated 14 Oct 05.
      Exhibit D. Letter, AFPC/DPPPR, dated 16 Dec 05.
      Exhibit E. Letter, SAF/MRBR, dated 23 May 05.




      THOMAS S. MARKIEWICZ
      Chair

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